144.225 DISCLOSURE OF INFORMATION FROM VITAL RECORDS. Subdivision 1. Public information; access to vital records. Except as otherwise provided
for in this section and section
144.2252, information contained in vital records shall be public
information. Physical access to vital records shall be subject to the supervision and regulation of
state and local registrars and their employees pursuant to rules promulgated by the commissioner
in order to protect vital records from loss, mutilation or destruction and to prevent improper
disclosure of vital records which are confidential or private data on individuals, as defined in
section
13.02, subdivisions 3 and 12.
Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when the
child was conceived nor when the child was born, including the original record of birth and the
certified vital record, are confidential data. At the time of the birth of a child to a woman who
was not married to the child's father when the child was conceived nor when the child was born,
the mother may designate demographic data pertaining to the birth as public. Notwithstanding
the designation of the data as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older;
(3) under paragraph (b) or (e); or
(4) pursuant to a court order. For purposes of this section, a subpoena does not constitute a
court order.
(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who is the
subject of the data, or as provided under section
13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections
13.10, subdivision 5;
144.218, subdivision
1
;
144.2252; and
259.89.
(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services or public health member of a family services
collaborative for purposes of providing services under section
124D.23.
(e) The commissioner of human services shall have access to birth records for:
(1) the purposes of administering medical assistance, general assistance medical care, and
the MinnesotaCare program;
(2) child support enforcement purposes; and
(3) other public health purposes as determined by the commissioner of health. Subd. 2a. Health data associated with birth registration. Information from which an
identification of risk for disease, disability, or developmental delay in a mother or child can
be made, that is collected in conjunction with birth registration or fetal death reporting, is
private data as defined in section
13.02, subdivision 12. The commissioner may disclose to a
local board of health, as defined in section
145A.02, subdivision 2, health data associated with
birth registration which identifies a mother or child at high risk for serious disease, disability,
or developmental delay in order to assure access to appropriate health, social, or educational
services. Notwithstanding the designation of the private data, the commissioner of human services
shall have access to health data associated with birth registration for:
(1) purposes of administering medical assistance, general assistance medical care, and the
MinnesotaCare program; and
(2) for other public health purposes as determined by the commissioner of health. Subd. 2b. Commissioner of health; duties. Notwithstanding the designation of certain of
this data as confidential under subdivision 2 or private under subdivision 2a, the commissioner
shall give the commissioner of human services access to birth record data and data contained
in recognitions of parentage prepared according to section
257.75 necessary to enable the
commissioner of human services to identify a child who is subject to threatened injury, as defined
in section
626.556, subdivision 2, paragraph (l), by a person responsible for the child's care, as
defined in section
626.556, subdivision 2, paragraph (b), clause (1). The commissioner shall be
given access to all data included on official birth records.
Subd. 3. Laws and rules for preparing vital records. No person shall prepare or issue any
vital record which purports to be an original, certified copy, or copy of a vital record except as
authorized in sections
144.211 to
144.227 or the rules of the commissioner.
Subd. 4. Access to records for research purposes. The state registrar may permit persons
performing medical research access to the information restricted in subdivision 2 if those persons
agree in writing not to disclose private or confidential data on individuals. Subd. 5. Residents of other states. When a resident of another state is born or dies in this
state, the state registrar shall send a report of the birth or death to the state of residence. Subd. 6. Group purchaser identity; nonpublic data; disclosure. (a) Except as otherwise
provided in this subdivision, the named identity of a group purchaser as defined in section 62J.03, subdivision 6, collected in association with birth registration is nonpublic data as defined
in section
13.02.
(b) The commissioner may publish, or by other means release to the public, the named
identity of a group purchaser as part of an analysis of information collected from the birth
registration process. Analysis means the identification of trends in prenatal care and birth
outcomes associated with group purchasers. The commissioner may not reveal the named identity
of the group purchaser until the group purchaser has had 21 days after receipt of the analysis to
review the analysis and comment on it. In releasing data under this subdivision, the commissioner
shall include comments received from the group purchaser related to the scientific soundness and
statistical validity of the methods used in the analysis. This subdivision does not authorize the
commissioner to make public any individual identifying data except as permitted by law.
(c) A group purchaser may contest whether an analysis made public under paragraph (b)
is based on scientifically sound and statistically valid methods in a contested case proceeding
under sections
14.57 to
14.62, subject to appeal under sections
14.63 to
14.68. To obtain a
contested case hearing, the group purchaser must present a written request to the commissioner
before the end of the time period for review and comment. Within ten days of the assignment
of an administrative law judge, the group purchaser must demonstrate by clear and convincing
evidence the group purchaser's likelihood of succeeding on the merits. If the judge determines
that the group purchaser has made this demonstration, the data may not be released during the
contested case proceeding and through appeal. If the judge finds that the group purchaser has not
made this demonstration, the commissioner may immediately publish, or otherwise make public,
the nonpublic group purchaser data, with comments received as set forth in paragraph (b).
(d) The contested case proceeding and subsequent appeal is not an exclusive remedy and
any person may seek a remedy pursuant to section
13.08, subdivisions 1 to 4, or as otherwise
authorized by law.
Subd. 7. Certified birth or death record. (a) The state or local registrar shall issue a
certified birth or death record or a statement of no vital record found to an individual upon the
individual's proper completion of an attestation provided by the commissioner:
(1) to a person who has a tangible interest in the requested vital record. A person who has
a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing the vital record;
(viii) the legal custodian or guardian or conservator of the subject;
(ix) a personal representative, by sworn affidavit of the fact that the certified copy is required
for administration of the estate;
(x) a successor of the subject, as defined in section
524.1-201, if the subject is deceased, by
sworn affidavit of the fact that the certified copy is required for administration of the estate;
(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of the fact
that the certified copy is needed for the proper administration of the trust;
(xii) a person or entity who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules adopted by the
commissioner; or
(xiii) adoption agencies in order to complete confidential postadoption searches as required
by section
259.83;
(2) to any local, state, or federal governmental agency upon request if the certified vital
record is necessary for the governmental agency to perform its authorized duties. An authorized
governmental agency includes the Department of Human Services, the Department of Revenue,
and the United States Immigration and Naturalization Service;
(3) to an attorney upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of
this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state or local registrar shall also issue a certified death record to an individual
described in paragraph (a), clause (1), items (ii) to (viii), if, on behalf of the individual, a licensed
mortician furnishes the registrar with a properly completed attestation in the form provided by
the commissioner within 180 days of the time of death of the subject of the death record. This
paragraph is not subject to the requirements specified in Minnesota Rules, part 4601.2600, subpart
5, item B. Subd. 8. Standardized format for certified birth and death records. No later than July
1, 2000, the commissioner shall develop a standardized format for certified birth records and
death records issued by state and local registrars. The format shall incorporate security features
in accordance with this section. The standardized format must be implemented on a statewide
basis by July 1, 2001.History: 1978 c 699 s 14; 1980 c 509 s 42; 1980 c 561 s 2; 1981 c 311 s 39; 1982 c 545 s
24; 1983 c 7 s 2; 1983 c 243 s 5 subd 2; 1984 c 654 art 5 s 58; 1986 c 444; 1991 c 203 s 1,2; 1994 c 631 s 31; 1995 c 259 art 1 s 33; 1996 c 440 art 1 s 34,35; 1997 c 228 s 9-11; 1998 c 397
art 11 s 3; 2000 c 267 s 1; 2001 c 15 s 1; 2001 c 178 art 1 s 1; 1Sp2001 c 9 art 15 s 22-26,32; 2002 c 379 art 1 s 113; 2005 c 23 s 1; 2005 c 106 s 57; 2006 c 212 art 3 s 10